SUBMISSION FAILS

Evening Post, Volume CXL, Issue 138, 8 December 1945, Page 9

SUBMISSION FAILS

MURDER CHARGE TO STAND P.A. AUCKLAND, December 7.

"The accused in this case has been the victim of a series of unfortunate and tragic coincidences,'" said Mr. B. S. . Barry on behalf of John Clifford Crozier, aged 16, who appeared in the Whakatane Magistrate's Court on a charge of the murder of his brother, Donald Kingsley Crozier, on November 17. Mr. Barry said that practically everyone in the Court could recall similar incidents where from a friendly argument, heated exchanges had arisen and blows been struck. Unfortunately in tliis case the result had been a tragedy of the first magnitude, and the greatest sympathy was felt for all concerned.

Counsel, submitting there had been no possible intention to do serious injury, asked that the charge should be reduced to one of assault..

The father of the boys, Robert Hector Crozier, sharemilker, of Edgecombe, said that when his sons did not return from feeding the pigs a search was made without success. The search continued on the following day, Sunday, and early the next morning accused was found asleep in his room. When awakened, accused said his brother was near the cabbage trees by the house and witness found the body of his son lying in an overgrown drain.

Witness added that the boys were the best of friends and were always together. Accused, with another brother, had been instrumental in saving the lives of two young girls in the Whakatane River two years ago, and held a Scout certificate of merit.

Detective-Sergeant Waterson produced a statement alleged to have been made by accused. In this he said that as he went with his brother to the pig pens he picked up a shovel handle which he used as a baseball bat. -Later an argument developed as to their relative merits as marksmen with a rifle and as to the possession of their father's rifle next year. After more heated argument his brother pushed him and turned to run away. Accused made a swing at his brother with the shovel handle, which unfortunately hit his head. He could not recollect clearly what happened next.

The police said the boy's reputation in the district was exceptionally good. The Magistrate said he had no power to reduce the charge.

Accused pleaded not guilty, reserved his defence and was committed for trial, bail being allowed.